Sangaranarayanan Vs The State of Tamil Nadu

¶1

Crl.M.P.(MD)No.5745 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

¶3

CORAM THE HONOURABLE MR JUSTICE B.PUGALENDHI Crl.M.P.(MD)No.5745 of 2025

¶4

in Crl.A.(MD)No.399 of 2021

¶5

Sangaranarayanan, S/o.Masanam, No.75, Perumal Colony, Pudukottai Village, M.Pudupatti, Sivakasi Taluk, Virudhunagar District.

¶6

Petitioner(s) Vs

¶7

The State of Tamil Nadu through The Inspector of Police, M.Pudupatti Police Station, Virudhunagar District. 2. Pandiselvi For Petitioner(s): Mr.A.Balaji Advocate For Respondent(s): Mr.P.Kottaichamy Government Advocate (Crl. Side) for R1

¶8

Respondent(s)

¶9

ORDER

¶10

The petitioner is the 2^nd accused in Spl.S.C.No.50 of 2016 and he was found guilty and convicted and sentenced by the Special Court for POCSO Act Cases,

¶11

1/4

¶12

https://www.mhc.tn.gov.in/judis

¶13

Crl.M.P.(MD)No.5745 of 2025

¶14

Virudhunagar District at Srivilliputhur. Challenging the Judgment of conviction and sentence, the petitioner has preferred an appeal and also moved a petition in Crl.M.P.(MD)No.1615 of 2024 for suspension of sentence.

¶15

Based on the undertaking given by the petitioner that he will not visit the occurrence village and will not disturb the victim at any point of time, this Court, by its order dated 21.02.2025 in Crl.M.P.(MD)No.1615 of 2024, suspended the sentence imposed by the trial Court and directed the petitioner to report before the Thottiam Police Station daily at 10.30 a.m. until further orders. Now, the petitioner has filed this petition to modify the said condition.

¶16

The learned counsel appearing for the petitioner submits that the victim girl is no more. Since the petitioner is regularly complying with the condition from 25.02.2025, he seeks to modify the above condition.

¶17

The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the petitioner is regularly complying with the condition from 25.02.2025.

¶18

Considering the fact that the petitioner is regularly complying with the condition from 25.02.2025 and the victim girl is no more, this Court is inclined to modify the condition imposed in Crl.M.P.(MD)No.1615 of 2024.

¶19

2/4

¶20

https://www.mhc.tn.gov.in/judis

¶21

Crl.M.P.(MD)No.5745 of 2025

¶22

Accordingly, this petition is allowed and the condition is modified to the effect that the petitioner shall report the trial Court once in a month, i.e. on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal. The petitioner shall file an undertaking affidavit before the respondent Police that he will not visit the occurrence village and will not disturb the victim's family at any point of time. The respondent Police shall ensure that the petitioner is not visiting the village occurrence.

¶23